Mr. Aaron Bier
Brauner International Corp.
66 York Street, Suite 100
Jersey City, NJ 07302

RE: The tariff classification of various fruit smoothies from Switzerland

Dear Mr. Bier:

In your letter dated May 8, 2008, on behalf of your client, Carl Brandt Inc., you requested a tariff classification ruling.

Samples and information were submitted with your initial request. All three products are described as Smoothie fruit drinks. Smoothie Berry-Mix is said to contain fruit juices from concentrates and puree (apple, red grape, banana, raspberry, black currant, strawberry, orange, lemon, black chokeberry, elderberry juice). Smoothie Guave-Banane-Mango is said to contain reconstituted fruit juices and fruit puree (orange, white grape, guava, banana, mango). Smoothie Mango-Pineapple is said to contain fruit juices from concentrates (pineapple juice, orange juice), mango puree and banana puree. They will be imported in 250 milliliter plastic bottles.

The applicable subheading for all three Smoothie fruit drinks will be 2202.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for provides for Waters, including mineral waters and aerated waters, containing added sugar or other sweetening matter or flavored, and other nonalcoholic beverages, not including fruit or vegetable juices of heading 2009: Other: Other…Other. The rate of duty will be 0.2 cents per liter.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at This merchandise is subject to The Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (The Bioterrorism Act), which is regulated by the Food and Drug Administration (FDA). Information on the Bioterrorism Act can be obtained by calling FDA at 301-575-0156, or at the Web site

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Frank Troise at 646-733-3031.


Robert B. Swierupski
National Commodity
Specialist Division